Taking back the money!
Querist :
Anonymous
(Querist) 01 June 2025
This query is : Resolved
All Respected and Learned Advocates,
Thanks for all of your help till yet.
My matter is:
I given the money on demand and with commitments of getting back money within 3 months to my old friend. I given money as below :
Date Amount(INR)
29-Dec-2023 INR1.00
29-Dec-2023 INR50K.00
29-Dec-2023 INR50120.00
30-Dec-2023 INR10K.00
15-Jan-2024 INR40K.00
20-Feb-2024 INR50K.00
20-Feb-2024 INR10K.00
04-Mar-2024 INR10K.00
Total: INR220121.00
and Received money back as below
Date Amount
05-Mar-2024 INR5K.00
05-Mar-2024 INR2K.00
18-Mar-2025 INR5K.00
23-Apr-2025 INR5K.00
28-Apr-2025 INR4K.00
Totals = INR21K.00
The problem is three months commitments has not been fulfilled in 17 months. Whenever I am asking for money back, he is showing some of his problem and give next commitment like today tomorrow , next week, month , 2/3 months later etc etc but 95% at the time on commitment date some extremely little payment like 5K , 4K and rest again same, in short any bare statement and no or doubtful or partial fulfillment due to some problems this happen that happen. I am not in state of trust further on the him.
Now I want to get the money back as the amount is big, so i cant left as it is. I am at Karnataka and he is at UP.
Kindly suggest what best remedy I can avail to get money back at the earliest as 17 months has been passed and no further confirmed visibility and I am needing the money due to some critical need.
Kindly suggest further on the above.
Best Regards to all of you!!
T. Kalaiselvan, Advocate
(Expert) 01 June 2025
If you have lent the money at Bangalore and have evidences for advancing the money then you can file a money recovery suit at Bangalore itself and not in UP state.
You can give a cheating case against him before the local police where he resides for putting pressure on him
Querist :
Anonymous
(Querist) 01 June 2025
Adv Kalaiselvan,
Thanks for your advice, Just one more point, I want to ask:
I have given money when I was in Bangalore and via bank transfer, therefore, I do have all evidence to establish what i claimed.
He is a president of some business society, therefore at up, he had good connections political connections too, I doubt that he may handle police, mutually. Is there any better remedy, i can avail ?
Additionally , will it be civil matter or criminal ? As civil matter he may easily handle without appearing physically into court, I think.
Best Regards.
kavksatyanarayana
(Expert) 01 June 2025
You can file a cheating case against him and also a recovery suit.
T. Kalaiselvan, Advocate
(Expert) 02 June 2025
You can lodge a criminal complaint against him in the local police station at Bangalore for the acts of cheating by not returning the borrowed amount, besides, you may file a money recovery suit also and look for filing an application in the same court for attaching any property on his name as 'attachment before judgment for the purpose of security to the borrowed amount.
Advocate Bhartesh goyal
(Expert) 02 June 2025
No case of cheating is made out, you have only option to file civil suit for recovery of money.
Dr. J C Vashista
(Expert) 02 June 2025
Very well analysed, opined and advised by learned senior experts, which I fully agree.
It is appropriate and better to seek professional services of a local prudent lawyer for analyses of facts, proper guidance and necessary proceeding.
T. Kalaiselvan, Advocate
(Expert) 05 June 2025
A cheating case under Section 420 of the Indian Penal Code (IPC) can be filed against a borrower for cheque bounce, but it's not a guaranteed outcome.
The key is to demonstrate a dishonest intent or deception at the time the cheque was issued, not just the fact that it bounced.
Section 420 deals with "cheating and dishonestly inducing delivery of property".
It requires proving that the accused intentionally deceived the complainant and induced them to part with something valuable (like a loan).
While a cheque bounce is often a violation of Section 138 of the Negotiable Instruments Act (NI Act), it doesn't automatically trigger Section 420 IPC.
To file a Section 420 case, you need to show that the borrower issued the cheque with the dishonest intention of not honoring it from the outset.
This might be demonstrated through:
Evidence of a pre-existing debt or liability.
Proof that the borrower had no or insufficient funds at the time of issuing the cheque.
Any deceptive actions taken to induce the complainant to accept the cheque.
Querist :
Anonymous
(Querist) 17 June 2025
All learned advocates,
I am too much thankful for all of your above response and suggestions, I do have few more information on this, request to please suggest on below too.,
Based on WhatsApp chat and few mobile call recording , in whole duration of 19 months, around 20 commitments of payment, has been done from him and 30 commitment fulfilment request , I did. In all same nature, when asked for old commitment or silent mostly.
At end I.e. I asked for post dated cheque as per last commitment, he said u will standing in court. At last he said for 31 july 2025, when I said what issue u have to give cheque of date 31 july 2025. He said I will issues and post, this much a burdens, but I will give all by 2025 most probably.
In response to this, above he said.
My target is:
1. Same should be covered in criminal bailable offence.
2. Jurisdiction should be at Bangalore i.e. at my location, as it's not possible for me to move 3000km for every proceeding at moradabad.
I want to use same as an additional pressure on him to repay the the money.,
3. I want to cover the clause of bankrupt , so that he can't used same to get rid of from the responsibility of replying the money.
4. Additionally refusal of any postal communication like letter, summon, notices top I want to cover. As I seen people to settle postman by paying some money to mention address not found or any reason to save from action.
I have following doubts , its an humble request to answer point wise;
1. Now my question is, this 20 proven written comments and 30 request cant be the ground of any criminal section like ipc 420, 417 etc under crpc 200 ?
2. Based on his "court" point bring up in conversation and denying the issue of post dated cheque, is it not enough to prove his cheating / criminal intentions ?
Court point clearly establishing that he is moving to legal consultations too, and not issuing the post dated cheque even at 19th month after receiving the money knowingly.
As he was replying very less, so I said , if within 3 days , if u don't issue a post dated cheque, I will consider and assume that u r not at all willing to pay the money. It was like the litmus test of his promises.
3. I feel banker cheque is being used as negotiable instruments, here whatsapp commitment can't replace same ?? As both are confirming a commitment of payment. ?
Kindly suggest accordingly.
Regards.
Dr. J C Vashista
(Expert) 17 June 2025
1. Recording can be used to prove your allegations.
2. Redraft your query as to the question raised by the Court.
Seek help, opinion and advise of your lawyer.
